Charitable trust registration requires a specified-violation notice; settled cash deposits and related-party payments did not justify cancellation or ...
External development charges trigger TDS under section 194C, while disputed administrative payments require factual verification and fresh adjudicatio...
Section 270AA penalty immunity requires identified statutory defaults and a hearing before rejection; reassessment disclosure may constitute under-rep...
Section 80JJAA employee-cost deduction allowed for deployed staff but barred against transfer-pricing income enhancement, with pricing issues remanded...
Transfer-pricing methodology protects commercially genuine associated-enterprise payments, while pre-2016 secondary adjustments and related notional i...
Negative liens over operating assets can constitute international transactions requiring arm's-length pricing reflecting restricted borrowing and expa...
Cross-examination rights in Customs Broker revocation inquiries require witness examination; procedural denial may be cured through fresh adjudication...
Goods imported and warehoused in Kandla Special Economic Zone were cleared into Domestic Tariff Area. The department enhanced the value based on NIDB data, leading to confiscation, redemption fine, and penalty. However, the NIDB data was from 2017, while clearance occurred in 2018, rendering its application unjustified. No evidence of undervaluation, such as invoice manipulation or consideration flow-back, was presented. The declared invoice value was accepted in the absence of contrary material. As no mala fide intention was established, imposition of fine and penalty was incorrect. The impugned order was set aside, and the appeal was allowed.
Goods imported and warehoused in Kandla Special Economic Zone were cleared into Domestic Tariff Area. The department enhanced the value based on NIDB data, leading to confiscation, redemption fine, and penalty. However, the NIDB data was from 2017, while clearance occurred in 2018, rendering its application unjustified. No evidence of undervaluation, such as invoice manipulation or consideration flow-back, was presented. The declared invoice value was accepted in the absence of contrary material. As no mala fide intention was established, imposition of fine and penalty was incorrect. The impugned order was set aside, and the appeal was allowed.
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